Thompsons secured £16,000 in compensation for a quarry driver who suffered injuries after a strong gust of wind slammed a truck door on him while he was making a delivery to a construction site. The claim was pursued after the Unite the Union member was referred to Thompsons following the workplace accident.

What happened

In January 2020, the claimant was working as a driver for Patersons Quarries Ltd and had been delivering quarry materials to a Taylor Wimpey construction site.

On the day of the incident, severe wind conditions had caused construction site workers to be sent home for safety reasons. Despite the conditions, the claimant was still required to complete the delivery.

After opening the tipper on his truck, he attempted to re-enter the cab. At that moment, a sudden gust of wind caused the vehicle door to slam shut on him.

Injuries and Impact

As a result of the incident, the claimant sustained soft tissue injuries and experienced pain in his right leg, arm, hip and ankle.

The accident also accelerated pre-existing osteoarthritis in his right hip and leg, which worsened his symptoms and affected his mobility.

These injuries caused significant discomfort and had an impact on his ability to carry out everyday activities.

What Went Wrong

The claim was pursued on the basis that the employer had breached several workplace health and safety regulations relating to safe systems of work and equipment.

The case referenced alleged breaches of the Management of Health and Safety at Work Regulations 1999, the Provision and Use of Work Equipment Regulations 1998, and the Work at Height Regulations 2005.

Legal Approach

Thompsons Solicitors Scotland pursued the claim on behalf of the claimant after he was referred by his union, Unite.

Although the employer denied liability, Thompsons continued to build the case using workplace safety regulations and evidence relating to the circumstances of the accident.

Outcome

Despite the denial of liability, the case progressed and negotiations continued.

Thompsons secured £16,000 in compensation for the claimant to reflect the injuries he sustained, the impact on his health and mobility, and the financial losses resulting from the accident.

The claim was settled on 30 September 2024.

What This Case Shows

This case demonstrates the importance of employers ensuring that work tasks are carried out safely, particularly during hazardous weather conditions.

Employees who suffer injuries while carrying out their duties may be entitled to pursue compensation through accidents at work claims. Thompsons can often assist clients through the claims process under a No Win No Fee agreement.

Anyone seeking advice after a workplace accident can contact Thompsons to discuss their situation.